Right to education is one of the fundamental rights recognised and guaranteed in international, regional instruments. Nigeria as a signatory to most of the human rights instruments is expected to ensure the effectiveness of the implementation of the relevant provisions of the conventions that guarantee right to education. Provision of education in Nigeria therefore ought to be as of right, and should therefore be available and accessible to the Nigerian children as a proof of the protection of the said right. However, implementation of children right to education in Nigeria remains a mirage and this is not unconnected with some identified challenges. It is in the light of this that this paper examines and analyses the challenges facing the implementation of children’s right to education in Nigeria and come out with suggestions for possible solutions. The paper uses legal doctrinal and content analysis of Nigerian statutes and relevant literature.

1. Folorunsho, Ahmad
Hussein
PhD Researcher, Ahmad Ibrahim Kulliyyah
of Laws, International Islamic University
Malaysia.
Imam-Tamim, Muhammad
Kamaldeen
PhD Researcher, Ahmad Ibrahim Kulliyyah
of Laws, International Islamic University
Malaysia.
Abdulraheem, Taofeeq
Abolaji
PhD Researcher, Faculty of Shar’ia and
Law, University Sains Islam Malaysia.
THE CHILDREN’S
RIGHT TO
EDUCATION IN
NIGERIA:
CHALLENGES AND
SOLUTIONS

2. INTRODUCTION
Right to education is one of the fundamental
rights recognised and guaranteed in
international, regional instruments especially
CRC.
Nigeria is a signatory to most of the human
rights instruments that guarantee right to
education.
Notwithstanding, Nigeria still remains top
among the countries with highest out-of-
school children.

3. CHILDREN’S RIGHT TO EDUCATION
UNDER THE NIGERIAN LAW
 The right to education has persistently been excluded
from among the fundamental rights entrenched in the
Nigerian Constitution including the 1999 version.
 Provision of education is only recognised as a directive
of state policy in Nigeria even though it was lifted from
the ‘socioeconomic rights’.
 However, the Child Rights Act considers education as
absolute right of every child especially at the elementary
level.
 Although the Act prescribes punishment for erring
parents and guardians, it remains silent on any violation
on the part of the Government

4. CHALLENGES OF CHILDREN RIGHT TO
EDUCATION IN NIGERIA
• Inadequacy of education laws
• Non recognition of education
right under Chapter IV of
Constitution
• Non-justiciability of chapter II
where education obligation
resides
• Inclusion of education matter
under residual list
• Lack of judicial activism
LEGAL
CHALLENGES

5. CHALLENGES OF CHILDREN
RIGHT TO EDUCATION IN NIGERIA
• Lack of political willPOLITICAL
CHALLENGE
• Inadequate financing of
education sector
FINANCIAL
CHALLENGE
CORRUPTION
• Cultural and religious
SOCIO-
CULTURAL AND
RELIGIOUS
CHALLENGES

6. TOWARDS RECOGNITION OF EDUCATION
RIGHT AS FUNDAMENTAL RIGHT IN NIGERIA
Amendment of the existing Constitution
• Moving education right from chapter II to IV
• Amending section 6 (6) (c) - Justiciability
• Move education to exclusive legislative list
CRA to confer right on child to claim his
education right from the government
Enforcement mechanisms should be
strengthened

7. TOWARDS RECOGNITION OF EDUCATION
RIGHT AS FUNDAMENTAL RIGHT IN NIGERIA
Adequate funding
Positive judicial activism
Separation of the professional office of
Attorney-General from the political office of
minister for justice.
Provision of adequate
socioeconomic infrastructures

8. Thank you for
listening